WHAT IS COPYRIGHT
Copyright is an automatic right vested in its author by creation of a work. 
The Copyright Act, 1957 (as amended by the Copyright Amendment Act 2012) governs the subject of copyright law in India. The Copyright Act 1957 was the first post-independence copyright legislation in India and the law has been amended six times since 1957. The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012.
India is a member of most of the important international conventions governing the area of copyright law, including the Berne Convention of 1886 (as modified at Paris in 1971), the Universal Copyright Convention of 1951, the Rome Convention of 1961 and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
MEANING OF COPYRIGHT
Copyright is a bundle of rights given by the law to the creators of literary, dramatic, musical and artistic works and the producers of cinematograph films and sound recordings. The rights provided under Copyright law include the rights of reproduction of the work, communication of the work to the public, adaptation of the work and translation of the work. The scope and duration of protection provided under copyright law varies with the nature of the protected work.
TYPES OF WORKS PROTECTED
The Indian copyright law protects:
- Literary Works,
- Dramatic Works,
- Musical Works,
- Artistic Works,
- Cinematograph Films And
- Sound Recordings
DURATION OF COPYRIGHT PROTECTION UNDER THE COPYRIGHT ACT 1957
| Literary
dramatic, musical and artistic works |
lifetime of the author + sixty years from the beginning of the calendar year next following the year in which the author dies. |
| Anonymous and pseudonymous works
Posthumous work Cinematograph films Sound records Government work Public undertakings International Agencies Photographs |
until sixty years from the beginning of the calendar years next following the year in which the work is first published |
FOREIGN WORKS
Copyrights of works of the countries mentioned in the International Copyright Order are protected in India, as if such works are Indian works. The term of copyright in a work shall not exceed that which is enjoyed by it in its country of origin.
OWNERSHIP OF COPYRIGHT UNDER THE COPYRIGHT ACT 1957
The author of a work is generally considered as the first owner of the copyright under the Copyright Act 1957. However, for works made in the course of an author’s employment under a “contract of service” or apprenticeship, the employer is considered as the first owner of copyright, in the absence of any agreement to the contrary.
Section 19 of the Copyright Act 1957 lays down the modes of assignment of copyright in India. Assignment can only be in writing and must specify the work, the period of assignment and the territory for which assignment is made. If the period of assignment is not specified in the agreement, it shall be deemed to be 5 years and if the territorial extent of assignment is not specified, it shall be presumed to be limited to the territories of India.
EXCEPTIONS TO COPYRIGHT INFRINGEMENT IN INDIA
The Copyright Act 1957 exempts certain acts from the ambit of copyright infringement.[ While many people tend to use the term fair use to denote copyright exceptions in India, it is a factually wrong usage. While the US and certain other countries follow the broad fair use exception, India follows a different approach towards copyright exception. India follows a hybrid approach that allows-
Fair Dealing with any copyrighted work for certain specifically mentioned purposes and certain specific activities enumerated in the statute. While the fair use approach followed in the US can be applied for any kind of uses, the fair dealing approach followed in India is clearly limited towards the purposes of –
- Private Or Personal Use, Including Research,
- Criticism Or Review,
- Reporting Of Current Events And Current Affairs, Including The Reporting Of A Lecture Delivered In Public.
REMEDIES AVAILABLE AGAINST COPYRIGHT INFRINGEMENT IN INDIA
The Copyright Act 1957 provides three kinds of remedies – administrative remedies, civil remedies and criminal remedies.
THE ADMINISTRATIVE REMEDIES provided under the statute include detention of the infringing goods by the customs authorities.
THE CIVIL REMEDIES are provided under Chapter XII of the Copyright Act 1957 and the remedies provided include injunctions, damages and account of profits.
THE CRIMINAL REMEDIES are provided under Chapter XIII of the statute and the remedies provided against copyright infringement include imprisonment (up to 3 years) along with a fine (up to 200,000 Rupees).